Yuridika
Vol. 32 No. 2 (2017): Volume 32 No 2 May 2017

KRITERIA ASAS PEMISAHAN HORIZONTAL TERHADAP PENGUASAAN TANAH DAN BANGUNAN

Dyah Devina Maya Ganindra (Airlangga University)
Faizal Kurniawan (Unknown)



Article Info

Publish Date
22 May 2017

Abstract

The law of The National Land embrace the horizontale scheiding. The horizontale scheiding declare that buildings and plants are not part of the land, it results that ownership of land will not automatically include ownership of the buildings and plants above. And it also means that a legal act against a land will not involve a legal act against the buildings and plants. The existence of the horizontale scheiding could be used to deceives any parties. Then the criteria of horizontale scheiding towards land and/or building’s tenure is necessary to be ascertained before giving legal protection to the parties since both of The Law of the National Land and Burgerlijk Wetboek haven’t give a clear explanation about it. Control of land and buildings in the Burgerlijk Wetbook (BW) adheres to the principle of attachment or which is also referred to as the principle of natrekking / accessie principle. In this principle, the buildings and plants that exist on the ground constitute a unity, more details, buildings and plants are part of the land concerned. Land tenure by itself will also include control over existing buildings and plants and legal acts of land by itself will also include existing buildings and plants.

Copyrights © 2017






Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...